THEORETICAL FOUNDATIONS OF THE DEVELOPMENT AND IMPROVEMENT OF THE SYSTEM OF EXECUTIVE PROCEEDINGS IN UKRAINE: THE STATE-MANAGEMENT ASPECT

Abstract

The article analyzes the modern principles of reforming the system of enforcement in Ukraine. The author proposed to adopt the Law of Ukraine "On the status of a private contractor, guarantees of his activity", which would provide for the status, powers, tasks, functions, limitations of activity, the procedure for licensing the activities of a private contractor.

The said draft law stipulates that the coordination of the activities of private executors is carried out by the National Council of Private Executors created under the Ministry of Justice of Ukraine, which is authorized to coordinate all actions of private executors in Ukraine. At the same time, the control and management of private performers is carried out by the professional public association of private performers.

The author proposed the improvement of the stages of selection of private contractors: qualitative assessment and systematization of requirements for private contractors, based on the creation of a professional and personal model; - increasing the effectiveness of the institution of personal guarantee and collective responsibility during the granting of the status of a private executor; improvement of the candidate selection procedure through the development of a system of redistribution of duties between the parties involved in the selection.

Separately, the Law of Ukraine "On the status of a private executor, guarantees of his activity" should regulate the requirements for applicants who want to engage in executive proceedings. An important aspect of the professionalization of private performers is the publication of indicators of activity and achievements. This should be an open register not only of the data of the private executor, but also of his activities, in particular, the funds returned/paid, for what time, as well as additional information that can demonstrate the competence of the private executor.

The article substantiates that today there is a need to revise qualification standards for private performers and form a new bachelor’s educational and qualification program "Theory and Principles of Executive Implementation". In our opinion, after a 4-year bachelor’s education, a person acquires practice-oriented skills and knowledge and can, after selection and obtaining a license, work in the executive proceedings system.

The author believes that the Law of Ukraine "On the status of a private contractor, guarantees of his activity" should provide for the licensing of the activities of private contractors. Yes, the license of a private executor is a permit for the right to engage in activities related to the enforcement of executive documents and is issued by an authorized body after passing training and evaluation. The authorized body forms and maintains the State register of licenses of private performers.